PART 4SPORT
CHAPTER 3ALCOHOL ON VEHICLES TRAVELLING TO REGULATED MATCHES
40Offences in connection with alcohol on vehicles
1
This section applies to a motor vehicle which—
a
is adapted to carry 9 or more passengers, and
b
is being used for the principal purpose of carrying passengers for reward for the whole or part of a journey to a regulated match.
2
A person (“P”) who knowingly causes or permits intoxicating liquor to be carried on a vehicle to which this section applies is guilty of an offence—
a
if P is the operator of the vehicle or the servant or agent of the operator, or
b
if the vehicle is a hired vehicle and P is the person to whom it is hired or the servant or agent of that person.
3
The operator of a vehicle is—
a
the driver, if the driver owns the vehicle; and
b
in any other case, the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work).
4
A person who is in possession of intoxicating liquor while on a vehicle to which this section applies is guilty of an offence.
5
A person guilty of an offence under this section is liable on summary conviction—
a
in the case of an offence under subsection (2), to a fine not exceeding level 4 on the standard scale,
b
in the case of an offence under subsection (4), to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.
6
A constable may stop a motor vehicle to which this section applies and may search such a vehicle if the constable has reasonable grounds to suspect that an offence under this section is being or has been committed in respect of the vehicle.
7
In this section—
“intoxicating liquor” has the meaning given by Article 2(2) of the Licensing (Northern Ireland) Order 1996 (NI 22);
“motor vehicle” has the meaning given by Article 3 of the Road Traffic (Northern Ireland) Order 1995 (NI 18).
8
The Department may by order amend subsection (1).
9
An order under subsection (8)—
a
may make such consequential amendments to this section as appear to the Department to be necessary or expedient;
b
shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.